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Decision Text

AF | BCMR | CY2013 | BC 2013 05054
Original file (BC 2013 05054 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05054
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to clear his name and participate in military 
organizations and groups.

He did not receive support or help from the Air Force when he 
needed it.

He is old now and his character of service/discharge bothers 
him. 

In support of his appeal, the applicant provides copies of a 
letter to his local Veterans Affairs office, request for records 
from the National Personnel Records Center and various other 
documents associated with his request.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s master personnel records were destroyed by fire, 
in 1973, at the National Personnel Record Center (NPRC), in 
St. Louis.  Therefore, the following facts have been extracted 
from NPRC and those submitted by the applicant.

On 24 Sep 56, the applicant enlisted in the Regular Air Force.  

On 25 Nov 58, the applicant was discharged under the provisions 
of AFR 39-17, Enlisted Personnel, Discharge--Unfitness, para 6, 
for unfitness, with service characterized as undesirable, in the 
grade of airman basic.  

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) indicated that on the basis of the 
information provided, they were able to locate an arrest record.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.    Based upon 
the presumption of regularity in the conduct of governmental 
affairs and without evidence to the contrary, we must assume 
that the applicant's discharge was proper and in compliance with 
appropriate directives.  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
in the absence of any evidence related to the applicant’s post-
service activities, there  is no way for us to determine the 
applicant’s accomplishments since leaving the service are 
sufficiently meritorious to overcome the basis for which he was 
discharged.  Should the applicant provide additional 
information, e.g., post-service documentation to support his 
claim, we would be willing to reconsider his request.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-05054 in Executive Session on 29 Aug 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Oct 13, w/atchs.
	Exhibit B.  Available Applicant's Master Personnel Records.




                                   







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